Technology Tree Pty Ltd ACN 634 292 587 trading as Why Buy IT New (WBIN) will provide the Goods and Software to You on the terms and conditions set out below.
The parties agree as follows:
In this document, unless the context requires otherwise:
a. Claim means any demand, proceeding, judgement, liability, third party claim and costs (including legal costs on an indemnity basis) arising from or in relation to this Contract, the provision by WBIN of and use by You of the Goods and Software;
b. Contract means this contract between the parties for the supply of Goods and Software.
c. Delivery Method means one of the delivery methods described in clause 6 chosen by You when entering into this Contract;
d. Goods mean the products, components, materials and equipment supplied or to be supplied by WBIN to You but excludes any Software;
e. GST has the same meaning in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
f. Invoices mean the invoices rendered by WBIN to You under clause 3;
g. Premises means WBIN’s principal place of business which is Suite 7, 21 Roydhouse Street, Subiaco WA 6008 or any other address that WBIN may notify You of from time to time;
i. Purchase Price means amounts for the Goods and Software displayed on the
j. Software means computer programs including but not limited to Microsoft, Adobe and other software programs supplied by WBIN;
k. Website means the internet webpage with the uniform resource locater address www.whybuyitnew.com.au;
l. You means the person requesting WBIN to supply the Goods or Software the subject of this Contract;
m. a reference to a person includes:
i. a partnership, joint venture, unincorporated association, corporation and a government or statutory body or authority; and
ii. the person’s executors, administrators, legal personal representatives, successors, assigns and persons substituted by novation; and
n. a reference to parties is a reference to WBIN and You.
2 Contract formation
a. You shall be deemed to have entered into this Contract to supply the Goods and Software to You when:
i. You advise WBIN the Delivery Method;
ii. on the Website, You click either:
A. “check out”;
B. “PayPal Checkout” or
C. “check out now”; and
iii. You pay for the Goods, Software and their delivery in full or in part in accordance with clause 4.
b. As consideration for WBIN supplying the Goods and Services in accordance with this clause 2a, You shall pay WBIN the Purchase Price.
c. Unless the parties agree otherwise, this Contract shall also apply to any future supply of Goods and Software by WBIN even if this Contract is not provided to You again.
d. If You are a trustee, this Contract binds you both personally and in Your capacity as a trustee.
a. Upon Your payment for the Goods and Software pursuant to clause 2aiii, WBIN will email Your nominated email address with:
i. an invoice for the Purchase Price, GST and delivery charges, and any payment made; and
ii. confirmation of this Contract and the Delivery Method.
You must make payment for the Goods, Software and any delivery charges and GST by:
a. credit card in accordance with clause 5; or
5 Credit card payments
a. If You pay any Invoice by credit or debit card, You:
i. agree to make payment through the payment portal nominated by WBIN;
ii. warrant that You have the necessary authority to authorise payments;
iii. agree that You will not request Your financial services provider that has issued the credit card used (Your FSP) to process a chargeback; and
iv. agree that You will do all things necessary to assist WBIN to verify to Your FSP or WBIN’s financial services provider, that You have authorised the credit card transactions relating to the Goods supplied by WBIN to You.
b. You will indemnify WBIN in relation to any expense, loss or damage arising from, or in relation to, Your failure to do anything or breach of any warranty in clause 5a.
a. You may elect for the Goods and Software to be delivered in the following methods:
i. collection at the Premises; or
ii. by parcel post services provided by the Australian Postal Corporation or a courier service.
b. If You choose delivery of the Goods and Software by parcel post, you agree:
i. to pay all delivery charges incurred by WBIN plus any GST payable; and
ii. to the Goods and Software being delivered in accordance with Australia Post’s delivery timeframes.
a. You must pay WBIN the amount of any GST WBIN pays or is liable to pay on a taxable supply made in respect of or in connection with this Contract.
b. You must pay to WBIN the amount of the GST that You are liable to pay at the same time and in the same manner as You are obliged to pay for the taxable supply.
c. If GST is payable on Goods and Software supplied under this Contract, the Purchase Price is to be increased by the amount of GST payable on the Purchase Price.
8 Limitation of liability
a. You indemnify WBIN against all costs and expenses incurred by WBIN as a result of Your failure to perform Your obligations under this Contract, including enforcement costs and legal costs on a full indemnity
b. You warrant that You have obtained all necessary third party consents for the supply of the Goods and Software by WBIN to You.
c. You indemnify and hold harmless WBIN against any Claim.
d. The maximum liability of WBIN for any Claim, shall not exceed the total value of the Goods and Software to be supplied by WBIN under this Contract.
9 Retention of title
All Goods supplied by WBIN to You shall, until WBIN receives full payment for the same:
a. remain the property of WBIN; and
b. give rise to a purchase money security interest in the Goods.
10 Replacement and refunds
a. Subject to Your rights under the Australian Consumer Law (Cth), WBIN will not replace, repair or refund:
i. any Software; and
ii. any Good except where a request is made pursuant to clause 10b.
b. Requests You make to WBIN to replace or refund the cost of any Good shall only be valid and considered if:
i. You notify WBIN of Your intention to return the Goods and any defects by clicking on the “Complete Orders” link on the Website;
ii. within fourteen (14) days from the date of the Invoice; and
iii. You return the Goods to WBIN unopened and in its original packaging at Your cost (Request).
c. If following a Request, WBIN considers the Request to be valid, then it will replace, repair or refund the cost of the Goods.
11 Force majeure
WBIN will not be liable to You for any default or delay in the supply of Goods and Software due to a condition or reason that is out of the reasonable control of WBIN including flood, fire, storm, strike or industrial action.
a. In the course of dealing with You, WBIN will collect personal information from You.
c. You acknowledge that WBIN may not be able to supply the whole or part of the Goods and Software if You do not provide WBIN with the personal information required under this clause 12.
d. You agree to WBIN disclosing Your personal information to other organisations in order to facilitate supply of the Goods and Software to You.
If any part of this Contract is or become void or unenforceable, that part is or will be severed from this Contract to the intent that all parts that are not or do not become void or unenforceable remain in full force and effect and are unaffected by that severance.
14 Governing Law
This Contract is governed by the law of Western Australia and the parties’ consent to the nonexclusive jurisdiction of the Courts of Western
a. WBIN may in its sole discretion, amend this Contract by notice in writing to You and You will from the date of receipt of the notice be bound in its dealings with WBIN by the amended Terms.
b. No variation of or waiver of any of this Contract will be of any force or effect unless they are agreed by WBIN in writing.
a. Any notice required to be given or made by or pursuant to this Contract shall be given or made in writing and signed by the party and must be posted, faxed or served as follows:
i. where the notice is to WBIN, it must be sent to the Premises; and
ii. where the notice is to You, it may be sent to Your registered address (if you are a company), an address which You have previously used to contact WBIN or to such address as You may advise WBIN of from time to time.
b. Notices shall be deemed to have been received:
i. if personally served, at the time of service;
ii. if mailed, on the third business day after date of mailing; and
iii. if sent by facsimile or email, on the business day the same is dispatched, unless an undeliverable notice is received from the sender’s email server.
You shall not assign any of Your rights, obligations or benefits under this Contract without WBIN’s express consent in writing.